Melnykovych M. Law of Ukraine “on administrative procedure”: new terminology and legal value of the law

DOI: https://doi.org/10.33098/2078-6670.2024.18.30.90-100

Goal. The purpose of the article is to analyze the key terms of the Law of Ukraine “On Administrative Procedure”, especially new for Ukrainian legislation, which will contribute to ensuring legal certainty, unity of understanding of such categories for the purposes of administrative and judicial practice. It is worth noting that although the purpose of this work is devoted to the outline of the main terms of the Law of Ukraine “On Administrative Procedure”, they are important for Ukrainian legislation as a whole, given the fundamental nature of this law. Method. The methodology includes a complex analysis of the issues, theoretical elaboration of the current legal material on the raised issue and formation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: terminological, systemic-structural, comparative-legal, and the method of analysis. The results. Based on the results of the research, the importance of ensuring proper legal understanding of the provisions of the Law of Ukraine “On Administrative Procedure” for its further effective legal application was revealed, the main novelties in terminology were analyzed and the importance of further scientific work on the analysis of both the provisions of the Law itself and the results of its legal application was noted. Separately, the historical component of the adoption of the Law of Ukraine “On Administrative Procedure” is briefly described, and attention is drawn to the relevant regulatory documents that became the “legal foundation” for its adoption.

Emphasis is placed on the importance of legal analysis of the provisions of this legislative act, including monitoring the results of its application in practice.

The presented analysis of individual terms of the normative legal act proved that legal regulation in the field of administrative procedure has deep roots, which, in turn, can serve as a basis for work in the direction of increasing theoretical studies in this field.

Scientific news. The study emphasized the importance of the adoption of the Law of Ukraine “On Administrative Procedure”, its significance both for the legal system of Ukraine as a whole and separately in the field of administrative procedure.

The article analyzes the main provisions of the Law of Ukraine “On Administrative Procedure” from the point of view of novelties in terminology.

Emphasis is placed on the fact that the procedure of interaction between the state, on the one hand, and citizens and business, on the other, should become unified, effective and, of course, transparent, with an orientation to the interests of the latter.

It was found that the implementation of the general administrative procedure at the legislative level has undoubtedly brought Ukraine closer to the standards of the European Union, because the “right to proper administration” is an integral part of a highly developed legal state.

Practical significance. The result of this work is aimed at further encouraging an in-depth theoretical study of the field of administrative procedure as a “novel of Ukrainian legislation” and finding ways to effectively implement the Law of Ukraine “On Administrative Procedure” into the legal realities of our country today.

In the process of consideration of amendments to the legislation, a generalization of the key terminology was carried out, the understanding of which will make it possible to effectively implement the regulatory act in practice.

Key words: administrative procedure, administrative body, administrative proceeding, administrative case, Law of Ukraine “On Administrative Procedure”, authorities, Ukrainian legislation, terminology, amendment.

References

1. Yautrite Briede. Why does Ukraine have a law on administrative procedure: the experience of Latvia. Retrieved from: https://www.eurointegration.com.ua/experts/2021/04/21/7122381/ (date of application 09/28/2024). (in Ukrainian)

2. On administrative procedure: Law of Ukraine dated 02.17.2022 No. 2073-IX. Information of the Verkhovna Rada of Ukraine,  15. (in Ukrainian)

3. Boyko I. The role and significance of the administrative procedure in public administration. Scientific Bulletin of the Uzhhorod National University. Series: Law. No. 69. 2022. Retrieved from: http://visnyk-pravo.uzhnu.edu.ua/article/view/254762 (access date 09/28/2024). (in Ukrainian)

4. Zhukov M. Law on administrative procedure: analysis of the document and key advantages for individuals and legal entities. Association of Lawyers of Ukraine. Retrieved from: https://uba.ua/ukr/news/8805.4. (date of application 28.09.2024). (in Ukrainian)

5. Tymoshchuk, V. P. (Еd.) (2023). Naukovo-praktychnyi komentar do Zakonu Ukrainy «Pro administratyvnu protseduru» [Scientific and practical commentary to the Law of Ukraine “On Administrative Procedure”]. Kyiv. (in Ukrainian)

6. Mykolenko, O. (2022). Praktychne znachennia polozhen ZU «Pro administratyvnu protseduru» (Krytychnyi analiz) [The practical significance of the provisions of the Law “On administrative procedure” (Critical analysis)]. Pravova derzhava, 6 (47), 40-48. (in Ukrainian)

7. On the protection of individuals in relation to acts of administrative bodies: Resolution (77) 31 of the Committee of Ministers of the Council of Europe of September 28, 1977. (in Ukrainian)

8. Regarding the exercise of discretionary powers by administrative bodies: Recommendation No. R (80) 2 of the Committee of Ministers of the Council of Europe dated March 11, 1980. (in Ukrainian)

9. Regarding administrative procedures affecting a large number of persons: Recommendation No. R (87) 16 of the Committee of Ministers of the Council of Europe of September 17, 1987. (in Ukrainian)

10. On the implementation of administrative and judicial decisions in the field of administrative law: Recommendation Rec (2003) 16 of the Committee of Ministers of the Council of Europe dated September 9, 2003. (in Ukrainian)

11. On good administration: Recommendation (2007) 7 of the Committee of Ministers of the Council of Europe to member states of June 20, 2007. Retrieved from: https://wcd.coe.int/ViewDoc.jsp?id=1155877&Site=CM (access date: 28.09 .2024) (in Ukrainian)

12. Publication of the Council of Europe “Administration and You. Principles of administrative law relating to relations between administrative authorities and private individuals” (unofficial translation). Retrieved from: https://rm.coe.int/handbook-administration-and-you/1680a06311 (accessed 09/28/2024). (in Ukrainian)